Commission Regulation (EU) No 1178/2011Dangos y teitl llawn

[F1 SECTION I U.K. General

ARA.GEN.105 Definitions U.K.

For the purposes of this Part and of Part-ORA, the following definitions apply:

1.

‘ Acceptable Means of Compliance (AMC) ’ are non-binding standards adopted by the Agency to illustrate means to establish compliance with the Basic Regulation and its Implementing Rules;

2.

‘ Alternative means of compliance ’ are those that propose an alternative to an existing AMC or those that propose new means to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules for which no associated AMC have been adopted by the Agency;

3.

‘ Approved training organisation (ATO) ’ means an organisation qualified for the issue or continuation of an approval to provide training for pilot licences and associated ratings and certificates;

4.

‘ Basic instrument training device model (BITD model) ’ means a defined hardware and software combination, which has obtained a BITD qualification;

5.

‘ Certification specifications (CS) ’ are technical standards adopted by the Agency indicating means to show compliance with the Basic Regulation and its Implementing Rules and which can be used by organisation for the purpose of certification;

6.

‘ Flight instructor (FI) ’ means an instructor with the privileges to provide training in an aircraft, in accordance with Part-FCL;

7.

‘ Flight simulation training device (FSTD) ’ means a training device which is:

(a)

in the case of aeroplanes, a full flight simulator (FFS), a flight training device (FTD), a flight and navigation procedures trainer (FNPT), or a basic instrument training device (BITD);

(b)

in the case of helicopters, a full flight simulator (FFS), a flight training device (FTD) or a flight and navigation procedures trainer (FNPT);

8.

‘ FSTD qualification ’ means the level of technical ability of an FSTD as defined in the compliance document;

9.

‘ FSTD user ’ means the organisation or person requesting training, checking or testing through the use of an FSTD to an ATO;

10.

‘ Grounding ’ means the formal prohibition of an aircraft to take-off and the taking of such steps as are necessary to detain it;

11.

‘ Guidance Material (GM) ’ means non-binding material developed by the Agency that helps to illustrate the meaning of a requirement or specification and is used to support the interpretation of the Basic Regulation, its Implementing Rules and AMC;

12.

‘ ARO.RAMP ’ means the Subpart RAMP of Annex II to the Regulation on Air Operations;

13.

‘ Other training device (OTD) ’ means an aid used for pilot training other than an FSTD that provides for training where a complete flight deck or cockpit environment is not necessary;

14.

‘ Part-ARA ’ means Annex VI to the Regulation on Civil Aviation Aircrew;

15.

‘ Part-ORO ’ means Annex III to the Regulation on Air Operations;

16.

‘ Part-CC ’ means Annex V to the Regulation on Civil Aviation Aircrew;

17.

‘ Part-FCL ’ means Annex I to the Regulation on Civil Aviation Aircrew;

18.

‘ Part-MED ’ means Annex IV to the Regulation on Civil Aviation Aircrew;

19.

‘ Part-ORA ’ means Annex VII to the Regulation on Civil Aviation Aircrew;

20.

‘ Principal place of business ’ means the head office or registered office of the organisation within which the principal financial functions and operational control of the activities referred to in this Regulation are exercised;

21.

‘ Qualification test guide (QTG) ’ means a document designed to demonstrate that the performance and handling qualities of an FSTD represent those of the aircraft, class of aeroplane or type of helicopter, simulated within prescribed limits and that all applicable requirements have been met. The QTG includes both the data of the aircraft, class of aeroplane or type of helicopter and FSTD data used to support the validation.

ARA.GEN.115 Oversight documentation U.K.

The competent authority shall provide all legislative acts, standards, rules, technical publications and related documents to relevant personnel in order to allow them to perform their tasks and to discharge their responsibilities.

ARA.GEN.120 Means of compliance U.K.

(a)

The Agency shall develop Acceptable Means of Compliance (AMC) that may be used to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules. When the AMC are complied with, the related requirements of the Implementing Rules are met.

(b)

Alternative means of compliance may be used to establish compliance with the Implementing Rules.

(c)

The competent authority shall establish a system to consistently evaluate that all alternative means of compliance used by itself or by organisations and persons under its oversight allow the establishment of compliance with Regulation (EC) No 216/2008 and its Implementing Rules.

(d)

The competent authority shall evaluate all alternative means of compliance proposed by an organisation in accordance with ORA.GEN.120 by analysing the documentation provided and, if considered necessary, conducting an inspection of the organisation.

When the competent authority finds that the alternative means of compliance are in accordance with the Implementing Rules, it shall without undue delay:

(1)

notify the applicant that the alternative means of compliance may be implemented and, if applicable, amend the approval or certificate of the applicant accordingly; and

(2)

notify the Agency of their content, including copies of all relevant documentation;

(3)

inform other MS about alternative means of compliance that were accepted.

(e)

When the competent authority itself uses alternative means of compliance to achieve compliance with Regulation (EC) No 216/2008 and its Implementing Rules it shall:

(1)

make them available to all organisations and persons under its oversight; and

(2)

without undue delay notify the Agency.

The competent authority shall provide the Agency with a full description of the alternative means of compliance, including any revisions to procedures that may be relevant, as well as an assessment demonstrating that the Implementing Rules are met.

ARA.GEN.125 Information to the Agency U.K.

(a)

The competent authority shall without undue delay notify the Agency in case of any significant problems with the implementation of Regulation (EC) No 216/2008 and its Implementing Rules.

(b)

The competent authority shall provide the Agency with safety-significant information stemming from the occurrence reports it has received.

ARA.GEN.135 Immediate reaction to a safety problem U.K.

(a)

Without prejudice to Directive 2003/42/EC of the European Parliament and of the Council (1) the competent authority shall implement a system to appropriately collect, analyse and disseminate safety information.

(b)

The Agency shall implement a system to appropriately analyse any relevant safety information received and without undue delay provide to Member States and the Commission any information, including recommendations or corrective actions to be taken, necessary for them to react in a timely manner to a safety problem involving products, parts, appliances, persons or organisations subject to Regulation (EC) No 216/2008 and its Implementing Rules.

(c)

Upon receiving the information referred to in (a) and (b), the competent authority shall take adequate measures to address the safety problem.

(d)

Measures taken under (c) shall immediately be notified to all persons or organisations which need to comply with them under Regulation (EC) No 216/2008 and its Implementing Rules. The competent authority shall also notify those measures to the Agency and, when combined action is required, the other Member States concerned.]

Textual Amendments

F1 Inserted by Commission Regulation (EU) No 290/2012 of 30 March 2012 amending Regulation (EU) No 1178/2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council.

(1)

[F1 OJ L 167, 4.7.2003, p. 23 .]

Textual Amendments

F1 Inserted by Commission Regulation (EU) No 290/2012 of 30 March 2012 amending Regulation (EU) No 1178/2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council.